to make better provision for the Protection, Control, ntenance, and Reformation of Neglected and Deste Children and for other purposes.

[Assented to 20th December, 1907.]

enacted by the King's Most Excellent Majesty, by d with the advice and consent of the Legislative and Legislative Assembly of Western Australia, in sent Parliament assembled, and by the authority of e, as follows:

PART I.-PRELIMINARY.

is Act may be cited as the Child Welfare Act, 1907- Short title.

5-12.

PART II. THE CHILD WELFARE DEPARTMENT, SS.

PART III-INSTITUTIONS, ss. 13-18.

PART

PART

PART

IV.--WARDS, AND CHILDERN'S COURTS, SS.

19-67.

V. MAINTENANCE OF CHILDREN BY THEIR
RELATIVES, Ss. 68-89B.

VI.-COMMITTAL TO THE CARE OF PRIVATE
PERSONS OR SOCIETIES, SS. 90-103.

1 to 15th November, 1919. † Assented to 15th November, 1921
to 8th December, 1926. It is enacted by Section one of the Act No. 31 of

may be cited as the State Children Act Amendment Act, 1926, and shall have e deemed to have had effect, as regards sections six, nine, and thirteen, as mmencement of the State Children Act Amendment Act, 1921; and so far ections five and seven, as from the commencement of the State Children Act Act, 1919; and so far as regards sections three, eight, and fourteen, from the ent of the State Children Act, 1907; and so far as regards the other sections, ffect as from the commencement of this Act.

1 to 22nd December, 1927.

No. 22 of 1927, s. 2

Division.

No. 21 of 1919, 8. 21.

No. 21 of 1919, s. 22.

Repeal.

Interpretation.

No. 22 of 1927, s. 3.

No. 22 of 1927, 8. 4.

PART VII.-LICENSING OF CHILDREN AND RESTRICTIONS ON EMPLOYMENT OF CHILDREN, ss. 104-107.

PART VIII.—LYING-IN HOMES AND FOSTER MOTHERS,

PART

AND THE CARE AND ADOPTION OF
CHILDREN, Ss. 108-118.

IX.-PROCEDURE, PENALTIES, AND GENERAL
PROVISIONS, ss. 119-151.

3. The Acts specified in the First Schedule are hereby
repealed to the extent therein stated: Provided that-
(1) Any appointment or order made, any license
granted, and any indenture of apprenticeship or
contract entered into under any enactment hereby
repealed, shall continue in force as if the same
had been made, granted, or entered into under
this Act:

(2) Any enactment or document referring to any enact-
ment hereby repealed shall be construed to refer
to the corresponding provisions of this Act:
(3) Except as aforesaid, this repeal shall not affect any
right, interest, or liability already created, in
curred, or existing, nor anything lawfully done or
suffered under any enactment hereby repealed;
and any proceeding in respect of any such right,
interest, or liability may be carried on as if this
Act had not been passed.

4. In this Act, unless the context or subject matter otherwise indicates or requires,

"Board out" means to place a ward in the care or charge of some person for the purpose of being nursed or maintained by such person, or in such person's house;

"Child" means any boy or girl under the age of eighteen years; and, in the absence of positive evidence as to age, means any boy or girl under the apparent age of eighteen years:

"Court" means a Children's Court established under this Act;

66

'Department" means the Child Welfare Department constituted under this Act;

"Destitute child" means any child who has no sufficient

means of subsistence apparent to the Court, and whose near relatives are, in the opinion of the Court, in indigent circumstances and unable to support such child, or are dead, or unknown, or cannot be found, or are out of the jurisdiction, or in the custody of the law; "Foster-mother" means a female having the care. charge, or custody of a child under six years of age to adopt, rear, nurse, or otherwise maintain such child apart from his or her parent, and not being a near relative of such child:

"Foster parent" means any person to or with whom a
ward is apprenticed or placed out under this Act,
or under any enactment by this Act repealed, and
includes the assignee of such person;

"Governing authority" means the manager or committee
of management of any subsidised institution;
"Industrial school" means an institution approved and
certified by the Governor for the purposes of this
Act, for the detention, maintenance, and training of
children found guilty of an offence punishable by
imprisonment, or of children transferred from an-
other institution under this Act, and includes a
reformatory;

"Inmate" means a ward maintained in an institution;

"Institution" means and includes any Government in

dustrial school, and all orphanages, industrial or
reformatory schools established under the Indus-
trial Schools Act, 1874, every receiving depot, or
shelter, established under this Act, and all other
places for the time being under the supervision of
the Department;

"Judge" means a Judge of the Supreme Court;

"Lying-in home" means a place for the accommodation

of females during their confinement and lying-in,
and includes any home maintained for such purpose
by the Government;

"Maintenance" includes clothing, support, training, and
education:

Amended by, No. 21 of 1919, s. 3.

No. 22 of 1927,||s. 3.

No. 22 of 1927, s. 3.

No. 31 of 1926, s. 3.

"Maintenance order" means an order made by the Court for payment of money by any near relative in respect of the maintenance of a child;

"Minister" means the Minister for the time being

charged with the administration of this Act; "Near relative" means, except as regards an illegitimate child, father, mother, step-father, step-mother, brother, sister, or any grand-parent of the child; and as regards an illegitimate child, the mother and the father of such child, and the husband of the mother of such child, if born before their marriage:

"Neglected child” means any child who

(1) habitually begs or receives alms, whether under the pretext of sale or otherwise, or frequents any public place for the purpose of so begging or receiving alms; or

(2) wanders about, or frequents any public place, or sleeps in the open air, and does not satisfy the court that he or she has a home or settled place of abode; or

(3) resides in any reputed brothel, or associates or
dwells with any person known to the police or
reputed to be a prostitute, whether such person
is the mother of such child or not; or

(4) associates or dwells with any person who has been
convicted of vagrancy, or is known to the police
as of bad repute, or who has been or is reputed
to be a thief or habitual drunkard; or
(5) is under the guardianship of any person whom
the court shall consider unfit to have such
guardianship; or

(6) is illegitimate, and whose mother is dead or is
unable to maintain or take charge of such child;

or

(7) is living under such conditions as to indicate that the child is lapsing or likely to lapse into a career of vice or crime; or

(8) not being duly licensed for that purpose, is engaged in street trading;

"Orphanage" means an institution for the detention, maintenance, training, education, and employment of destitute or neglected children, and which has been approved and certified by the Governor for the purposes of this Act;

scribed" means prescribed by this Act or the reguations;

clamation" means proclamation by the Governor published in the Government Gazette;

ulations" means the regulations in force for the ime being under this Act;

etary" means the Secretary of the Department ppointed under this Act;

cial magistrate" means a police magistrate, govrnment resident, or resident magistrate, or a justice f the peace nominated by the Governor for the urposes of this Act;

idised institution" means an institution mainained wholly or partially by contributions from the onsolidated Revenue Fund;

Act" includes regulations;

d" means a child who, under the provisions of No. 22 of 1927, s. 3. his Act, is received into an institution, or apprenced, boarded out, or placed out.

RT II.-THE CHILD WELFARE DEPARTMENT.

Child Welfare De

partment.

the purposes of this Act there is hereby constipartment, under the control of the Minister, to be No. 22 of 1927, s. 4 Child Welfare Department.

Governor may, from time to time, appoint a Secre- Secretary.

he Department, and it shall be the duty of the under the direction of the Minister, to carry into the provisions of this Act so far as the execution not expressly committed to any other person.

other officers.

The Governor may, from time to time, appoint Inspectors and and other officers, with such powers and functions s necessary to carry out the purposes of this Act.

he Governor may declare that the Public Service hall not apply to any inspector or officer appointed Act, and in such case the Public Service Act, 1904, pply to such officer.